Facts
On August 8, 2013, the Child and Adult Protection Authority of Thun ordered the compulsory placement of X. in the institution D. based on Art. 426 of the Swiss Civil Code (ZGB). An earlier expert opinion from the Psychiatric Center C. dated October 12, 2012 had determined that X. met the criteria for both the legal state of mental incapacity and alcoholism.
By order dated February 6, 2014, the Child and Adult Protection Authority of Thun confirmed the compulsory placement within the periodic review. X. appealed against this to the Supreme Court of the Canton of Bern, which dismissed the appeal on February 20, 2014.
X. then filed a complaint with the Federal Supreme Court and requested immediate release.
Considerations
The Federal Supreme Court states that in the case of mental disorders, a decision must be made based on an expert opinion from a qualified person. The expert opinion must in particular address the state of health of the person concerned, the risk of self-endangerment or endangerment of third parties or neglect, as well as the need for treatment or care.
In the present case, the evidence before the lower court is found to be insufficient, as it does not meet the requirements of the Federal Supreme Court for an expert opinion under Art. 450e para. 3 ZGB. Neither the…